University of Wisconsin administrators agreed to the religious accommodation requests of an incoming freshman Observant Jewish student — but only after attorneys with the First Liberty Institute (FLI) pointed out serious inconsistencies in the school’s policies on such requests and threatened to file First Amendment-based litigation.

The student, Orly Gallo, was accepted for admission to the Madison, Wisconsin, campus, and then requested that she be placed in an on-campus dormitory sufficiently close to the Hillel and Chabad buildings at the school that she could walk to and from Sabbath services after sundown without fears for her personal safety.

Observant Jews typically walk to services because they believe driving or riding to Sabbath services is a form of work, which violates Jewish law’s definition of the Sabbath as a day of rest. The two buildings are also the sole campus sources where Gallo could obtain kosher meals.

Gallo turned to FLI for help after months of unsuccessful negotiations and meetings with multiple school officials. The school ignored Gallo’s list of eight acceptable locations and instead placed her in a dormitory on the opposite side of the campus from the Hillel and Chabad facilities. Attorneys with FLI promptly dispatched a lengthy July 30 letter that received a quick response.

The Plano, Texas-based FLI is the nation’s largest law firm devoted to litigation to protect the First Amendment rights to religious expression and practice rights of all Americans, regardless of their particular religious views or lack thereof. Working with FLI on the case was the Chicago-based Eimer Stahl LLP law firm.

“When choosing a university, Miss Gallo had many prestigious options, but a key factor in her decision was her safety as an observant Jew and her ability to freely practice her faith. Miss Gallo chose the [University of Wisconsin] over more selective schools because it has a reputation for providing a welcoming home to Jewish students and for avoiding the antisemitic tensions on the rise at other universities,” the letter explained.

“We demand that the university provide her with a housing assignment that reasonably accommodates her sincerely held religious beliefs. We respectfully request confirmation of a suitable accommodation by the end of day on Wednesday, August 6.”

“If no such accommodation is provided by that time, Miss Gallo will file a lawsuit and immediately seek emergency injunctive relief, notifying the Office of Civil Rights at the United States Department of Justice of the same,” FLI told the school.

In addition to reminding university officials of the First Amendment’s guarantees of every citizen’s right to religious expression and practice, FLI pointed to inconsistencies in how the school deals with requests for particular dorm locations.

The university’s dormitory assignment procedures are “neither neutral nor generally applicable. The UW states that it ‘does not assign students based on religion’ but instead ‘assigns student [sic] to appropriate housing using a lottery system.’ The UW adds that it does its ‘best to honor preferences’ but does not ‘guarantee that [students] will be assigned to one of the residence halls or room types [the students] ranked in [their] preferences,’” the FLI letter explained.

In fact, according to FLI, the school offers preferential housing options for working students and for those with disabilities. In addition, the school provides special preference procedures for students based on their sexual identification.

The options explained on the school’s website include “a step-by-step guide for students seeking gender-inclusive housing that is intended to ‘meet the needs of all students, with increased flexibility for transgender, gender non-conforming, nonbinary, and LGBTQ+ students and allies to preference a housing assignment that is inclusive, safe, and comfortable.’ The website explains how to submit preferences for gender-inclusive themed communities or individual rooms in various residence halls (two-thirds of which are in locations geographically preferable to Miss Gallo’s current assignment),” FLI pointed out.

Shortly after receiving the letter, school officials relented and agreed to respect Gallo’s religious accommodation requests.

“We are grateful the University recognized the need to grant Orly’s request, and we fully expect them to implement a policy change so that future students can receive religious accommodations as well,” said Kayla Toney, counsel for the FLI firm.

“Orly takes her faith seriously, so we are pleased the school’s decision now respects and supports her right to freely exercise her beliefs without compromising her physical safety,” said Ryan Walsh, a partner at Eimer Stahl LLP.